Man Convicted in Poinciana Home Invasion, Rape

The defendant's brother, Danny Delgado-Cruz, 30, still faces charges.

Richard Delgado-Cruz was convicted in the Poinciana rape and home invasion case.

PIERRE DUCHARME | THE LEDGER

By JASON GEARYTHE LEDGER

Published: Thursday, November 7, 2013 at 8:25 p.m.

Last Modified: Thursday, November 7, 2013 at 8:25 p.m.

BARTOW | A 33-year-old Kissimmee man was found guilty Thursday of taking part in a home invasion earlier this year where a woman was repeatedly raped while her husband and son were tied up in a nearby bedroom.

The attack took place on the night of May 6 in Poinciana, and was described by Polk County Sheriff Grady Judd as "one of the most ruthless crimes" that his agency had seen in a long time.

The victims could not identify the two attackers, who were wearing masks. Investigators developed circumstantial evidence against Richard Delgado-Cruz and his younger brother, Danny Delgado-Cruz.

On Thursday, Richard Delgado-Cruz told jurors that he was innocent, and his younger brother and other men were to blame.

He insisted that he was being framed and that his brother planted evidence against him.

A jury spent more than three hours deliberating into Thursday night before finding Richard Delgado-Cruz guilty of armed burglary, robbery with a firearm, three counts of kidnapping and three counts of sexual battery.

The decision came after initial signs of an impasse. About an hour into their discussions, jurors sent out a note that they were having substantial difficulty reaching a verdict.

The judge asked jurors to continue their deliberations. By about 7:30 p.m., a verdict was reached.

The trial's testimony took two days to complete and included emotional accounts from the Poinciana woman as well as from her husband and son.

On Wednesday, the 50-year-old woman testified that she was sexually assaulted multiple times by two men who ransacked her home while her husband and 20-year-old son were tied up in another bedroom.

The woman testified each man raped her, and one emptied a bottle of contact lens solution and filled it with bleach, using the chemical on and inside her body.

After the attackers left, the woman told jurors that she kept moving because of the painful burning sensation of the bleach and was able to escape from an electrical cord binding her hands.

The woman called authorities for help.

The taller attacker had a handgun, while the other had a handgun and a machete, according to the family's testimony.

A major break in the case came when investigators discovered a Ford F-150 truck on the street near the home where the attack took place.

The vehicle was registered to Richard Delgado-Cruz and his girlfriend.

Richard Delgado-Cruz's girlfriend told investigators that she got a call from her boyfriend, asking her to pick up him and his brother in Poinciana, an arrest report states.

Richard Delgado-Cruz told her that something had happened but didn't explain further, and he told her to report the truck stolen in the morning, the report states.

Inside the truck, investigators recovered a machete as well as items taken from the family's home: a comforter, duffle bag, jug of coins and some jewelry.

A stained towel inside the truck underwent testing, revealing Richard Delgado-Cruz's sperm on it, and skin cells from the woman, according to courtroom testi­mony.

On Thursday afternoon, Richard Delgado-Cruz took the witness stand and testified on his own behalf. He insisted that he didn't take part in the attack.

He told jurors that his younger brother, Danny Delgado-Cruz, and other unidentified men were responsible, and he was forced at gunpoint to drive his truck to the area and had no part in what they did inside the home.

"At that time, I was afraid for my life," Richard Delgado-Cruz said.

He insisted that his sperm had been left in a condom hours before the attack took place, and his younger brother had possession of the used condom and planted DNA evidence to implicate him.

During closing arguments, his lawyer, Assistant Public Defender Beth Arreguin, said her client was a "fall guy" framed by his "own flesh and blood" to take the blame.

"He was going to be the chump," she said.

Danny Delgado-Cruz was a "druggie" and participated in the robbery to settle a debt, she said.

"There were other men involved in this," she said.

Assistant State Attorney David Sammons argued the two brothers were the only people behind the attack, and Richard Delgado-Cruz's courtroom testimony wasn't plausible.

He urged jurors to consider if Danny Delgado-Cruz was trying to set up his older brother to take the blame why would he leave other evidence implicating himself.

<p>BARTOW | A 33-year-old Kissimmee man was found guilty Thursday of taking part in a home invasion earlier this year where a woman was repeatedly raped while her husband and son were tied up in a nearby bedroom.</p><p>Circuit Judge Roger Alcott is expected to sentence Richard Delgado-Cruz today.</p><p>The judge could impose multiple life sentences against him.</p><p>The attack took place on the night of May 6 in Poinciana, and was described by Polk County Sheriff Grady Judd as "one of the most ruthless crimes" that his agency had seen in a long time.</p><p>The victims could not identify the two attackers, who were wearing masks. Investigators developed circumstantial evidence against Richard Delgado-Cruz and his younger brother, Danny Delgado-Cruz.</p><p>On Thursday, Richard Delgado-Cruz told jurors that he was innocent, and his younger brother and other men were to blame.</p><p>He insisted that he was being framed and that his brother planted evidence against him.</p><p>A jury spent more than three hours deliberating into Thursday night before finding Richard Delgado-Cruz guilty of armed burglary, robbery with a firearm, three counts of kidnapping and three counts of sexual battery.</p><p>The decision came after initial signs of an impasse. About an hour into their discussions, jurors sent out a note that they were having substantial difficulty reaching a verdict.</p><p>The judge asked jurors to continue their deliberations. By about 7:30 p.m., a verdict was reached.</p><p>The trial's testimony took two days to complete and included emotional accounts from the Poinciana woman as well as from her husband and son.</p><p>On Wednesday, the 50-year-old woman testified that she was sexually assaulted multiple times by two men who ransacked her home while her husband and 20-year-old son were tied up in another bedroom.</p><p>The woman testified each man raped her, and one emptied a bottle of contact lens solution and filled it with bleach, using the chemical on and inside her body.</p><p>After the attackers left, the woman told jurors that she kept moving because of the painful burning sensation of the bleach and was able to escape from an electrical cord binding her hands.</p><p>The woman called authorities for help.</p><p>The taller attacker had a handgun, while the other had a handgun and a machete, according to the family's testimony. </p><p>A major break in the case came when investigators discovered a Ford F-150 truck on the street near the home where the attack took place.</p><p>The vehicle was registered to Richard Delgado-Cruz and his girlfriend.</p><p>Richard Delgado-Cruz's girlfriend told investigators that she got a call from her boyfriend, asking her to pick up him and his brother in Poinciana, an arrest report states.</p><p>Richard Delgado-Cruz told her that something had happened but didn't explain further, and he told her to report the truck stolen in the morning, the report states.</p><p>Inside the truck, investigators recovered a machete as well as items taken from the family's home: a comforter, duffle bag, jug of coins and some jewelry.</p><p>A stained towel inside the truck underwent testing, revealing Richard Delgado-Cruz's sperm on it, and skin cells from the woman, according to courtroom testi­mony.</p><p>On Thursday afternoon, Richard Delgado-Cruz took the witness stand and testified on his own behalf. He insisted that he didn't take part in the attack.</p><p>He told jurors that his younger brother, Danny Delgado-Cruz, and other unidentified men were responsible, and he was forced at gunpoint to drive his truck to the area and had no part in what they did inside the home.</p><p>"At that time, I was afraid for my life," Richard Delgado-Cruz said.</p><p>He insisted that his sperm had been left in a condom hours before the attack took place, and his younger brother had possession of the used condom and planted DNA evidence to implicate him.</p><p>During closing arguments, his lawyer, Assistant Public Defender Beth Arreguin, said her client was a "fall guy" framed by his "own flesh and blood" to take the blame.</p><p>"He was going to be the chump," she said.</p><p>Danny Delgado-Cruz was a "druggie" and participated in the robbery to settle a debt, she said.</p><p>"There were other men involved in this," she said.</p><p>Assistant State Attorney David Sammons argued the two brothers were the only people behind the attack, and Richard Delgado-Cruz's courtroom testimony wasn't plausible.</p><p>He urged jurors to consider if Danny Delgado-Cruz was trying to set up his older brother to take the blame why would he leave other evidence implicating himself.</p><p>"It just doesn't make sense," he said.</p><p>Danny Delgado-Cruz, 30, continues to face criminal charges in the attack.</p><p>Last month, his lawyer filed a motion questioning whether Danny Delgado-Cruz is mentally competent to stand trial. A hearing is set for January.</p>